Besides the 01 Visa athletes may choose a P visa which can provide certain athletes, coaches and even artists the opportunity to live and work in the United States temporarily.
Every athlete internationally recognized who travels to the United States to participate in a competition or artistic event as a member of a group and its key personnel workers may require a P-1 visa type.
Process
To start the process, the sponsor or future employer must complete Form I-129 (Petition for Temporary Worker) in the United States for the US Citizenship and Immigration Service (USCIS) of the United States Department of Homeland Security.
If approved, the USCIS will send the employer a Form I-797 (“Notice of Action”)
International amateur athletes generally fall into two groups:
- Amateur Athletes Seeking Short Term Training or Tournament Participation:
Amateur athletes who want to attend short term training courses or summer programs can come to the U.S. as visitors. This is also true for amateur athletes who live outside the U.S. and want to come to compete in amateur tournaments or competitions.
If the amateur athlete comes from a country that participates in the visa waiver program (most of Western Europe and Japan), then he or she can come to the U.S. for up to 90 days without a visa to receive short term training in the U.S. or participate in tournaments. If the visa waiver is not available, the athlete must apply for a B-1/B-2 Visitor Visa from the U.S. consulate in his or her country of residence. This visa would allow the athlete to stay in the U.S. up to 180 days.
- Long Term Training/Competition Over 6 Months (P-1 Visa)
Amateur athletes under 18 who want to receive long term sports training over six months often must come to the U.S. using an F-1 Student Visa. The athlete must attend the private school in the morning (or some other time during the day) and can train in the sport when not in school.
Education usually must take place in private school rather than in public school, because immigration laws permit issuance of F-1 visas to students under 18 to attend public school only for 12 months. An F-1 visa will not be issued for students who receive home schooling or study through the internet.
To apply for an F-1 Student Visa, the athlete must be accepted by a school authorized to accept foreign students. The school will issue an immigration form called the I-20 if the athlete can show that he or she has the ability to pay for private school education. The athlete must take the I-20 form to the U.S. consulate in his or her country of residence to obtain the F-1 visa. My law firm can assist with this process.
Instead of an F-1 Student Visa, some amateur athletes and teams can qualify for a P-1 visa. To qualify as an individual, the athlete must show that he or she has achieved international recognition. The government has a list of six criteria for showing international recognition and the amateur athlete or team must meet at least two of these six criteria.
The criteria that are most commonly used include:
- Evidence of having participated in international competition with a national team;
- A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized;
- A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
- Evidence that the individual or team is ranked if the sport has international rankings; or
- Evidence that the alien or team has received a significant honor or award in the sport.
The amateur athlete or team must have a sponsor in the U.S. who is willing to submit the P-1 visa petition on the athlete’s behalf. My firm has developed some innovative strategies for finding an organization willing to serve as a P-1 sponsor. An approved P-1 petition for an individual athlete can be valid for a period up to 5 years, but usually will be issued only for the duration of the event, season, or tournament schedule. An approved petition for an athletic team can be valid for up to 1 year.
- Athletes making a transition from amateur or collegiate level (usually ages 18 yo 22)
Transition-age athletes between 18 and 22 usually fall into two groups:
a. Athletes Over 18 Who Want to Complete Professionally
The group is that the athlete usually wants to stop attending school to focus full time on the sport. As a result, the athlete cannot qualify for an F-1 Student Visa. At the same time, the athlete often has not had enough success to easily qualify for a P-1 visa as a professional athlete.
Before the athlete qualifies for a professional tour or contract, his or her options are limited.
The athlete can come to the U.S. to train or participate in tournaments or competitions using a visa waiver (if he or she comes from a visa waiver country) or by using a B-1/B-2 Visitor visa.
In some cases, the young or pre-professional athlete can qualify for a P-1 visa as an internationally recognized athlete. This visa will permit the athlete to live and work in the U.S. for up to five years in order to compete in the sport.
To qualify for the P-1 visa, the athlete must show that he or she has achieved international recognition. The government has a list of six criteria for showing international recognition and the athlete must meet at least two of these six criteria.
The athlete must have an employer or agent willing to submit the P-1 application, which can be a challenge. My firm has developed some innovative strategies for finding an employer or agent willing to serve as a P-1 visa sponsor.
Summary of required documents
To begin the process, consider this information to send your package of documents.
If this is the first time please send the following documents:
- Letter stating your name, date of birth, occupation and email address.
- Copy of Form I-797.
- An explanatory letter from the organization that hires
- Copy of contract
- An itinerary of the events in the United States
- Documentation of at least two of the following options:
- Evidence of having participated in any season in any league in the United States
- Evidence of having participated in an international competition with a national team
- Evidence of having participated in any season for any college or university in any of intercollegiate competition in the US
- A letter from an official sports league in the United States or any official body of the sport detailing because his team is international
- A letter from the sports media or a recognized expert in sports detail as you or your team is internationally recognized.
- Evidence that you or your team is placed in the top international locations.
- Evidence that you or your team has received an athletic award
If it is a renewal:
- A letter stating your name, date of birth, occupation and email address.
- Copy of Form I-797.
- An explanatory letter from the organization that hires
- Copy of contract
- Itinerary of the events in the United States.
* It must file their I-129 and the accompanying documents that support that you are eligible for this visa. These documents were included by his lawyer in the United States for processing of his request to the government of US immigration.